When hiring a tradesperson, you expect the work to be completed to a high standard, but that is not always the case.
Some projects may be left unfinished and understanding your rights when this occurs can be confusing.
An abrupt departure can cause delays to your project and leave you facing unexpected costs, as well as unintended breaches to contracts you have with suppliers and other contractors.
Our Head of the Construction Law Department, Adam Davis, explains how to regain control of your project and protect your finances.
What are your rights when a job is left uncompleted?
When a tradesperson abandons a project without justification, this will often amount to a repudiatory breach of contract.
In many construction agreements, a contractor or subcontractor is required to carry out a project with reasonable skill and care and duly and diligently proceed with the works at all time.
A contractor or sub-contractor can only suspend works in very limited circumstances and by providing the correct and proper notices.
Reviewing your contract is the first step in any construction dispute, as this is a legally binding agreement between you and your tradesperson.
A written contract should set out the work required, payment structure and deadlines, completion dates, penalties for delay or uncompleted work and dispute resolution processes.
If your tradesperson has failed to finish the job, carefully check for clauses dealing with breach of contract, termination and remedies for uncompleted work.
When hiring a tradesperson for personal use, the Consumer Rights Act 2015 can offer you protection.
Under this legislation, all services must be carried out:
- With reasonable care and skill
- Within a reasonable timeframe, if none is agreed
- For a reasonable price, if no fixed price is stated
If your builder, plumber or electrician has abandoned the project or performed poorly, you are entitled to request that the work be completed properly or seek a price reduction.
If they refuse, you may be able to claim the cost of having another contractor complete or repair the work.
What to do if your tradesperson walks off site?
If your tradesperson walks off site, it is important to assess the situation and try to contact them to understand why the work is not completed.
Having agreed deadlines in your contract is crucial and if work is left unfinished, you must notify the tradesperson of a clear deadline for the completion of the work.
Documentation is also crucial to any claim or dispute, so you must create a written record of all communications and photograph the conditions of the building site and unfinished work.
This evidence will be crucial if you need to make a claim or if the dispute is taken further.
If your project is covered by building warranties or construction-specific insurance, you must inform your insurance company promptly of the situation, as they could potentially cover certain losses.
Builders can often belong to a trade body, such as the Federation of Master Builders (FMB) or the National Federation of Builders (NFB).
If they are associated with a body, you may be able to access their complaints or dispute resolution policies and they can provide added pressure or an independent assessment.
Unfinished work may mean you are entitled to halt further payments to the tradesperson if this does not put you in breach of your contractual obligations.
Hiring another tradesperson to rectify or complete the work may be needed and keeping detailed quotes and evidence of these costs may later be recoverable from the original tradesperson.
However, finding a new tradesperson or dealing with a dispute can take time, so securing your site and protecting any materials can help prevent any further loss.
Facing uncompleted work or an abandoned site can be overwhelming, but the right legal support can help you understand your rights and confirm if there was a breach of contract.
What to do if legal action must be taken?
If your dispute is still unresolved, a solicitor can help issue a formal letter before action, which often prompts builders to respond quickly to avoid court proceedings.
If necessary, you can pursue a breach of contract claim for the cost of completing the work, additional expenses due to delays and compensation for inconvenience.
For smaller claims under £10,000, they can be handled through the Small Claims Court and serious misconduct can be reported to the Trading Standards and trade associations.
Construction disputes can seem intimidating, especially if you are unfamiliar with the sector, and seeking legal support early can help you find an efficient resolution.
When is the right time to seek legal help?
If a tradesperson has left your site without notice or has not completed the work, you do not have to resolve the situation on your own.
Early legal advice from an experienced construction lawyer can help to prevent costly missteps and advise on recovery costs or pursuing dispute resolution.
To help prevent any future disputes, implement a written contract with clear requirements for any contractors or subcontractors and keep detailed records of any correspondence.
Our specialist team are here to guide you through every step of the dispute process and help get your project back on track.
If you need advice on how to handle a construction dispute or if your project is left unfinished, contact our construction law team today.